ULUSLARARASI KAMU HUKUKU I

The majority of the earlier standard works on international law define it as a system composed solely of legal rules and principles binding upon civilized nations only in their mutual relations.

Human rights were for the first time conceptualized in the United Nations Charter and subsequently found their content in the Universal Declaration of Human Rights of 10 December 1948.

Audi alteram partem means "hear the other side (let the other side be heard as well)."

Estoppel: A rule of evidence or a rule of law that prevents a person from denying the truth of a statement he has made or from denying facts that he has alleged to exist.

Res judicata: The principle that when a matter has been finally adjudicated upon by a court of competent jurisdiction it may not be reopened or challenged by the original parties or their successors in interest (Martin, 2003:181, 325, 430).

John Austin (1790-1859) was not only a strong critic of international law but also the chief protagonist of the view that international law is not true law.

Countermeasures are unilateral measures adopted by a State (the ‘injured State’) in response to the breach of its rights by the wrongful act of another State (the ‘wrongdoing’ or ‘target’ State) that affect the rights of the target State and are aimed at inducing it to provide cessation or reparations to the injured State (Oxford Public International Law).

The Kellogg-Briand Pact: A multilateral agreement condemning war. It grew out of a proposal by the French Premier, Aristide Briand, to the US government for a treaty outlawing war between the two countries.

Ubi Societas Ibi Jus is a legal maxim which means ‘where there is society, there is law’.

According to the dualist theory, international law and municipal law operate on different levels. While international law regulates mainly the relations and obligations between sovereign States, municipal law operates and regulates the relations and obligations of individuals within a State.

Human rights were for the first time conceptualized in the United Nations Charter and subsequently found their content in the Universal Declaration of Human Rights of 10 December 1948. The correct answer is A.

Estoppel: A rule of evidence or a rule of law that prevents a person from denying the truth of a statement he has made or from denying facts that he has alleged to exist. The correct answer is B.

Countermeasures are unilateral measures adopted by a State (the ‘injured State’) in response to the breach of its rights by the wrongful act ofanother State (the ‘wrongdoing’ or ‘target’ State) that affect the rights of the target State and are aimed at inducing it to provide cessation or reparations to the injured State. The correct answer is C.

Ubi Societas Ibi Jus is a legal maxim which means ‘where there is society, there is law’. The correct answer is D.

After Grotius, scholars of international law came to be classified under one of three schools: 1) Naturalists, such as Samuel von Pufendorf (1632-1694), who based international law on natural law exclusively; 2) Positivists, such as Cornelius van Bynkershoek (1673-1743), who based it on the consent of States that was evidenced in State practice, and 3) Grotians (followers of Grotius), including Christian Wolff (1679-1754) and Emmerich de Vattel (1714-67), who relied on both natural law and the consent of States as well as reiterated that international law was binding on States. The correct answer is D.

Hugo Grotius is often referred to as the father of the law of nations. The correct answer is E.

Codification means “the more precise formulation and systematization of rules of international law in fields where there already has been extensive State practice, precedent, and doctrine.” The correct answer is A.

Monism regards that both international law and municipal law have a common underlying legal basis, which derives its origin from the law of nature and binds both States and individuals. The correct answer is B.

The main proponents of dualism are Heinrich Tripel and Dionisio Anzilotti. The correct answer is C.

International Law Commission, composed of 34 members who are elected by the UN General Assembly, follows a set procedure for the adoption of international rules through multilateral treaties or conventions, irrespective whether it is codification or progressive development. The correct answer is E.